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HomeMy WebLinkAboutOrdinances Book 14, Page 414, No Ordinance Number41✓ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EMPLOY ATTORNEYS TO INSTITUTE AND PROSECUTE SUITS FOR THE COLLECTION OF DELINQUENT AD VALOREM REAL ESTATE TAXES, AND PROVIDING THE TEiuvlS AND CONDITIONS OF SUCH EMPLOYMENT BE IT ORDAINED BY THE BOARD OF CO1,1MISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City Manager be, and he is hereby, authorized to employ, on a fixed fee basis, attorneys to institute and prosecute suits for the collection of delinquent ad valorem real estate taxes. Said attorneys shall institute and prosecute suits in McCracken Circuit Court for the enforcement of liens securing the payment of delinquent ad valorem real estate taxes when so dirrcted by the City Manager and shall do all things necessary to enforce said liens. The attorneys so employed shall exercise due care and diligence in the preparation and prosecution of such suits, and shall notify the City Manager in writing as to the time of sales to be held by the Master Commissioner at least one (1) week in advance of such sale. Said attorneys shall have the entire responsibility for the examination of the titles to the real estate involved in each suit, and inevent it becomes necessary for the city to purchase any of said real estate at a Master Commissioner's sale, the attorney handling the suit shall certify in writing to the city that, in his opinion, the city has obtained a good and marketable title to the same. The attorneys so employed shall furhish all supplies necessary for the institution and prosecution of said suits at no expense to the city. Upon approval of the City Manager, 'the city shall pay any necessary court costs and the expense of obtaining bonds pursuant to Rule 4.11 of the Rules of Civil Procedure. The services of the attorneys so employed shall be under the supervision of the Corporation Counsel, and said attorneys shall make reports to the City Manager as to the progress of pending suits when requested. SECTION 2. The fee to be w paid to said attorneys by the City shall be the sum of One Hundred (;100.00) Dollars per case, and 2 shall be paid after the case has been completely closed either by ry the distribution and payment of the taxes or proceeds of the sale or by the delivering of a deed to the City when real estate is purchased by it. SECTION 3. Each attorney employed by the Ciyy I'*tanager shall deliver promptly to the City Treasurer a copy of all pleadings filed in any suit by said attorney. 415 SECTION 4. The employment of any attorney may be cancelled by the City Manager at any time, or by the attorney, and if cancelled by the City Manager the attorney, if he so desires, shall have one year from such termination in which to close the actions instituted by him for which he will receive compensation, but such employment shall be definitely terminated without compensation at the expiration of such time. SECTION 5. It being contemplated that the Board of Education of the City of Paducah shall pay to the City an amount equal to one-half of the compensation paid to said attorneys and other expenses set out herein, the City Manager shall not employ any attorney under the pro- visions of this ordinance until said Board of Education has, by resolution, approved the provisions of this ordinance accepting its terms and conditions. SECTION 6. This ordinance shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners January 31, 1961 Recorded by Sarah Thurman, City Clerk, January 31, 1961.